Seanad debates

Monday, 3 July 2006

Criminal Justice Bill 2004: Committee Stage.

 

5:00 pm

Derek McDowell (Labour)

That person must hold a firearms certificate himself or herself and have therefore undergone all the assessment necessary for that activity. It is not just any 18 year old, in the way that any driver can sit in with a provisional driver and go wherever he or she wants. It must be somebody who holds a firearms certificate and who the Commissioner has decided is a correct person to specify for the purpose of the training certificate. Let us not get carried away with the notion that this is a licence for gun-toting teenagers.

The rest of the subsection states:

(ii) where the firearm is used for target shooting, on the premises of an authorised rifle or pistol club or at an authorised shooting range or other place that stands authorised under section 2(5) of this Act,

and

(b) complying with such other conditions (if any) as the Commissioner may impose in the interests of public safety and security.

It is wrong to suggest that this is a general licence. It is discretionary and is confined to 14 and 15 year olds to whom in certain circumstances the Commissioner thinks it reasonable to give a licence. The child must specify the exact person who will be in charge or, if it is happening in a club, the context to which Senator Brian Hayes referred will come into play. The Commissioner can lay down any conditions he likes which are justified in the interests of public safety and security.

Juvenile target shooting is an international sport. Curiously, there have been a few good Irish exponents. The law in its present form, however, means they cannot practise in Ireland, in theory. If they are law-abiding citizens they do not want to infringe the law. They can only practise abroad which is extraordinary. It is strange to have champion standard youngsters who are debarred from holding a weapon in their hands. In this we are out of kilter with the rest of Europe.

This is a measured provision, not a general licence, or some kind of proposal for everybody to have weapons. No youngster is entitled to keep a firearm at home. If a firearm is not being carried and used for the two purposes set out in section 28 2A(1)(a) it must be in the possession of an adult. No child or youngster has the right to have a gun except in this narrow window in which he or she can carry and use it for two purposes, and then only under the supervision of a person whom the Commissioner has specifically approved as a suitable person.

The age limit cannot be 21 because in university rifle clubs and the like, 19 year olds will be put in charge of 18 year olds or 17 year olds. People are younger going to college now than in the past. They may want to practise. This does not expose society to any new danger. The people who are minded to be dangerous will not pay one whit of attention to this provision.

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